Thursday, April 29, 2010

4/29/2010 by Chris Goldstein - John Wilson was released from the Southern State Correctional Facility in New Jersey today to his grateful family at about 1:45PM. Wilson was sentenced to 5 years in prison on March 19, 2010 for growing seventeen cannabis plants to treat MS. An Appellate Court ruled on Monday that he should be granted bail as his case is appealed.

The prosecutor {NJ Office of the Attorney General], Cassandra Serentino, asked for $75,000 to $150,000 bail. When asked why by the judge, the prosecutor said that was what was listed for such an offense on the bail schedule, but that she would defer to the judge for “whatever you deem appropriate.”

The judge cited the fact that John had no prior criminal record, was gainfully self-employed, had a family who was at the trial every day, and had many responsible members of the community vouch for him “in the cause which he has come to represent.” READ KEN's BLOG POST IN FULL

“The court recognized the cruelty of incarcerating an MS sufferer under these circumstances. We think Governor Christie should likewise recognize this injustice and pardon Mr. Wilson from the most serious charges,” said Senator Lesniak. “We believe that such an egregious injustice demands prompt action. Through the power of clemency invested in this State’s Chief Executive, Governor Christie can overturn an unjust and overly cruel sentence for a man simply seeking a small measure of relief from chronic pain and illness.”

“We remain hopeful that Governor Christie will see the light and order a more appropriate sentence for John Ray Wilson through a gubernatorial pardon,” said Senator Scutari. “Given our State’s budgetary woes, it does not make sense to incarcerate a non-violent offender for the personal use of medical marijuana, especially when the Legislature and the previous Governor have since legalized the medical use of the drug. Governor Christie should recognize the will of the Legislature, and of the public, and step in to overturn a prison sentence for a very sick man who felt he had nowhere else to turn for relief from his symptoms.” READ THE FULL PRESS RELEASE

Before being incarcerated Wilson was living with his elderly grandmother, helping to care for her and his wheelchair-bound younger brother.

We spoke with Wilson's mother and father today. The family is planning a barbecue for the homecoming.

Tuesday, April 27, 2010

Judge Reed set bail for John Wilson at $15,000 today at a hearing in Somerville, NJ. John's father, Ray, couldn’t come to the hearing because he was desperately trying to raise bail for his son. Even John couldn’t come to the hearing because he was locked up in one of New Jersey’s most remote prisons—Southern State Correctional Facility, near Cape May.

John was convicted of second degree manufacturing of marijuana—he grew some plants to treat his illness, but he was not permitted to discuss his illness during the trial. The judge denied John’s request for bail pending his appeal. John’s lawyer, Jim Wronko, appealed the judge’s decision to lock John up pending appeal. The judge did so despite the fact that John was no flight risk and no threat to the community. The appeals section of Superior Court agreed with Mr. Wronko and sent the case back to Judge Reed to set bail.

The prosecutor, Cassandra Serentino, asked for $75,000 to $150,000 bail. When asked why by the judge, the prosecutor said that was what was listed for such an offense on the bail schedule, but that she would defer to the judge for “whatever you deem appropriate.”

The judge cited the fact that John had no prior criminal record, was gainfully self-employed, had a family who was at the trial every day, and had many responsible members of the community vouch for him “in the cause which he has come to represent,” i.e., medical marijuana.

All those factors militate in his favor, the judge ruled, before setting the lower bail.

The judge acknowledged that the case has garnered a great deal of publicity and public debate. He was disappointed by what he called the lack of understanding of the three branches of our government. He was also disappointed by the personal attacks on him by well-meaning but ill informed people. He cited a recent editorial in The Times of Trenton, NJ that compared him to a “hanging judge” in Old England who hung a young girl for stealing three pennies. He said it was an unfair comparison.

The judge said his critics fail to consider the fact that the law is determined by the legislature, and is, he said, “clear and precise.” The judge said his critics should not denigrate the judicial branch of government when they disagree with the results, but should instead devote their efforts to changing the law, “and in this case, they have.”

The judge said that he did his duty in respect to the Constitution, and that he had no more ability to grant a pardon than he did to change the law himself. He protested the attacks on the judiciary in general and “on this jurist in particular.”

The Coalition for Medical Marijuana--New Jersey had appealed to Governor Jon Corzine and Attorney General Anne Milgram to pardon John Wilson or to use prosecutorial discretion to make this case go away, before it ever even went to trial. It would have spared the state and the defendant great expense, and it would have spared a conscientious judge great embarrassment.

But the State of New Jersey insisted on pursuing this case—the case of an impoverished young man with multiple sclerosis (MS) who grew marijuana to treat his disease. While the trial was in progress, the state passed into law the New Jersey Compassionate Use Medical Marijuana Act. The state officially recognized that marijuana is medicine, and specifically recognized that it is medicine for MS.

The state desperately tried to send John Wilson to prison for twenty years. In the end, John spent a little over thirty days locked up. Let’s hope that’s all the time he ever spends in prison. Let’s also hope he is the last medical marijuana patient to be prosecuted in New Jersey.

Monday, April 26, 2010

John Wilson was sentenced to 5 years in state prison for growing seventeen cannabis plants to treat his MS. But he may be released tomorrow after being incarcerated since March. A NJ State Appellate Court ruled today that Wilson should be granted bail and released to his family if he can meet the requirements.

Wilson’s attorney James Wronko confirmed the ruling, “They have stayed the sentence.”

Family and supporters were optimistic, but pointed out that John spent three weeks in the Somerset County Jail, then a week in a Trenton tranfer facility and had just been moved to a state prison complex in southern New Jersey. Some were growing concerned over his health.

Wilson’s case attracted significant media attention as supporters demonstrated in front of the Somerset County Courthouse. Initially, John was not allowed to mention to his trial jury that he lived with Multiple Sclerosis. Any testimony as to the medical benefits of cannabis was also barred.

Wilson was convicted in December 2009. The next month New Jersey passed a medical marijuana law, under which Wilson would qualify as a registered patient.

State Senators Raymond Lesniak and Nicholas Scutari have asked for the Governor to pardon Wilson.

Chris Goldstein of the Coalition for Medical Marijuana New Jersey attended the trial and demonstrations. “People with MS who seek cannabis therapy should not be in prison. Thankfully for John and his family, he will now be free on bail as his case is appealed.”

John Wilson’s emergency bail hearing is scheduled for 1:30PM, Tuesday April 27 in the courtroom of Judge Robert B. Reed at the Somerset County Courthouse in Somerville, NJ.

Saturday, April 24, 2010

CMMNJ held a Town Hall meeting to discuss the new medical marijuana law. Potential patients and those who are interested in opening an ATC heard short presentations from Victor Pinho, Ken Wolski and Chris Goldstein. The audience then participated in a lively exchange of questions and answers. NBC 4 NY was there to report on the event:

On Friday, April 23, the Coalition for Medical Marijuana New Jersey (CMMNJ) will hold a Town Hall Meeting in Jersey City regarding New Jersey’s new medical cannabis law. Prospective patients, medical marijuana policy experts and local advocates will present updates on the law’s progress and then answer questions from the public and the media.

The New Jersey Compassionate Use Medical Marijuana Act was signed into law on January 19, 2010 after five years of legislative consideration. Patients expect the law to be fully implemented within 2010. The NJ Department of Health and Human Services (DHSS) will have the responsibility of overseeing the safe access program.

The CMMNJ Town Hall Meeting on 4/23 will focus on the following topics:- Who will qualify for the program as patients and caregivers.- Operating an Alternative Treatment Center: possible regulations.- Awareness and Education for individuals and medical professionals.

Ken and Jim at Redbank Fundraiser

About The Coalition

Coalition members hold diverse opinions, but we all agree:

Arresting patients is wrong, and it must stop now.

Modern clinical research, centuries of experience and the impassioned personal accounts of thousands of real patients concur: Marijuana can alleviate symptoms of certain serious medical conditions, and it can do so when other drugs fail to help.

Doctors should be free to recommend this medicine to promote health, and sick or injured New Jerseyans should be free to use it responsibly.

The safety margin for therapeutic marijuana is as wide as it can be ─there is no known lethal dose.

New Jersey healthcare professionals dispense potentially lethal drugs every day. We trust them to do so very carefully, and solely to benefit their patients. Common sense and compassion demand that doctors should control non-lethal marijuana medicine for those who truly need it. To make this important change a reality, your voice is needed.

The New Jersey Compassionate Use Medical Marijuana Act was introduced in the State Senate in January 2005 by Senator Nicholas Scutari (D-Linden). A companion bill is pending in the Assembly, sponsored by Assemblyman Reed Gusciora (D-Princeton) and Assemblyman Michael Carroll (R-Morris Township).